Kansas City Southern Ry. Co. v. Clinton
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Western District of Arkansas; Drank A. Youmans, Judge. Action by J. N. Clinton against the Kansas City Southern Railway Company. Judgment for plaintiff, and defendant brings error. For convenience, the parties will he referred to herein as plaintiff and defendant, as they were in the court below.
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In Error to the District Court of the United States for the Western District of Arkansas; Drank A. Youmans, Judge. Action by J. N. Clinton against the Kansas City Southern Railway Company. Judgment for plaintiff, and defendant brings error. For convenience, the parties will he referred to herein as plaintiff and defendant, as they were in the court below. The plaintiff, in his complaint, alleges that while a passenger on one of the defendant’s local freight trains, carrying a caboose for the purpose of carrying passengers, and while seated in the caboose, as required by the rules of the…
1Opinion of the Court
TRIEBER, District Judge.
[1, 2] It is claimed that the court erred in refusing to direct a verdict for the defendant. There is substantial evidence that the plaintiff was a passenger on one of the defendant’s local freight trains, which carries passengers in a caboose carried for that purpose; that he was seated in the caboose, as required by the rules of the company; that when the train approached an intermediate station it slowed down to about two or three miles an hour, and when within about two' car lengths of the depot a Mr. Ellis, one of the passengers on the train, arose from his seat…
2Cases cited40 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Connecticut Mutual Life Insurance v. LathropSupreme Court of the United States · 1884
- Detroit v. OsborneSupreme Court of the United States · 1890
- Railroad Company v. PollardSupreme Court of the United States · 1875
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3Cited by10 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- United States v. NickleCourt of Appeals for the Eighth Circuit · 1932
- Ætna Life Ins. v. QuinleyCourt of Appeals for the Eighth Circuit · 1937
- Interstate Stage Lines Co. v. AyersCourt of Appeals for the Eighth Circuit · 1930
- Travelers' Ins. v. MillerCourt of Appeals for the Seventh Circuit · 1932
5 more not listed; retrieve them via the Exa API.